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(영문) 창원지방법원마산지원 2017.11.14 2016가단103654

소유권이전등기

Text

1. The Defendants, among the land listed in attached Table 1 List No. 1, shall be listed in attached Table No. 2 against the Plaintiff B.

Reasons

1. Facts of recognition;

(a) With respect to the 2,024 square meters in K, Gyeongnam-gun, Gyeongnam-gun, Gyeongnam-gun, 19 square meters in L, 630 square meters in M, 630 square meters in M, 502 square meters in N, 1,188 square meters in O, the area shall be specified as of March 7, 2016, and only the parcel number shall be indicated below.

(hereinafter collectively referred to as "P land"), on June 30, 1953, the registration of destruction or recovery of Q’s name (the cause for registration was sold as of March 30, 1943), the registration of transfer of ownership (the cause for registration was donations made on January 10, 1991) in the name of the RR Council on January 14, 191, and on February 15, 1996, the registration of cancellation of ownership transfer (the cause for registration was the final judgment by the Seoul District Court branch on July 14, 1994) was completed in order.

B. The Defendants and S, who were their successors due to the death of Q on February 4, 1998, inherited P land according to their inheritance portion (Defendant F3/13, Defendants and S 2/13), and accordingly completed the registration of ownership transfer due to their inheritance on March 10, 1999.

C. On October 14, 2004, a compulsory auction was commenced for S’s share in P land (C Changwon District Court T). In that process, Defendant F purchased each S’s share in the M land and completed the registration of ownership transfer on October 12, 2005 and October 31, 2005. < Amended by Presidential Decree No. 18782, Oct. 31, 2005; Presidential Decree No. 18790, Oct. 31, 2005>

The occupancy status of K's land among P land shall be as follows:

1) The land listed in Annex 1 List 1 (hereinafter “instant land”).

A) On the following part of the building, V constructed a wooden tank 33.06 square meters of a single-story house, around 1955, and registered as an owner in the building ledger. Since that, W (Plaintiff’s father) purchased the above building around April 2, 1986, and resided with his/her family members. W died on July 23, 1992, and the heir died on the part of the Plaintiff’s sole ownership of the land. On the other hand, W agreed on the division of inherited property with the purport that “All rights to the above building shall be owned by the Plaintiff’s sole owner.” Meanwhile, W (hereinafter “instant land 2”).

A) Around 1955, X built a single-story house 29.75 square meters and a soil 26.45 square meters per floor (this is about October 21, 1999). A wooden-story room 40.